Vibe Micro, Inc. v. Shabanets, Case No. 16-15276 (11th Cir. 2018).
A district court must sua sponte give a litigant that files a shotgun pleading, is represented by counsel, and fails to request leave to one chance to replead before dismissing his case with prejudice on non-merits shotgun pleading grounds.
US Bank National Association v. Tranumn, Case No. 1D16-4911 (Fla. 1st DCA 2018).
A party may use certiorari as a vehicle to seek appellate review of an order denying a motion to sever counterclaim so long as irreparable injury is demonstrated.
Greenberg Traurig, P.A v. Starling, Case No. 2D17-772 (Fla. 2d DCA 2018).
A party must perfect its charging lien by filing in the court file the communications demanding payment before the lawsuit is dismissed.
Lowe v. Nissan Of Brandon, Inc., Case No. 2D17-1104 (Fla. 2d DCA 2018).
Documents executed contemporaneously with each other should be interpreted as a whole, including therein arbitration provisions.
Sun ‘N Lake of Sebring Improvement District v. Ayala, Case No. 2D17-2440 (Fla. 2d DCA 2018).
The State of Florida has not waived sovereign immunity for claims under the Florida Deceptive and Unfair Trade Practices Act, Florida Statute sections 501.201-.23.
Jockey Club Condominium Apartments, Inc. v. B.V.K., LLC, Case No. 3D17-0038 (Fla. 3d DCA 2018).
A motion for rehearing from an order deciding a Florida Rule of Civil Procedure 1.540(b) motion.
Queiroz v. Bentley Bay Retail, LLC, Case No. 3D17-1604 (Fla. 3d DCA 2018).
Witnesses and parties in attendance in court outside of the territorial jurisdiction of their residence are immune from service of process while attending court and for a reasonable time before and after going to court and in returning to their homes, except only when there is (1) identity of parties and (2) identity of issues.
Wells Fargo Bank National Association v. Bird, Case No. 5D16-669 (Fla. 5th DCA 2018).
There is no right to contractual prevailing party attorney’s fees when the instrument containing the contractual provision is void for lack of a valid signature.
Commodores Entertainment Corporation v. McClary, Case No. 16-15794 (11th Cir. 2018).
A performer who leaves a musical group that has established a common-law trademark leaves behind his or her rights to the group’s trademark, and may not use the mark.
Spicer v. Ocwen Loan Servicing, LLC, Case No. 4D16-2335 (Fla. 4th DCA 2018).
A substituting plaintiff acquires the standing of the substituted plaintiff.
Velden v. Nationstar Mortgage, LLC, Case No. 5D16-3628 (Fla. 5th DCA 2018).
While a lender may foreclose even if there exist missed payments outside the statute of limitations, it is not entitled to an award of damages for missed payments outside the statute.
District of Columbia v. Wesby, Case No. 15–1485 (2018).
The totality of the circumstances (the condition of the home, condition of partygoers, activities at the party, etc.) may give police officers probable cause to arrest people for unlawful entry at “pop-up” parties where owner has not given permission to use the home.
Artis v. District of Columbia, Case No. 16–460 (2018).
The meaning of “tolled” within 28 U. S. C. section 1367(d) (the period oflimitations for refiling in state court a pendent state claim that is dismissed when the federal claim is dismissed is “tolled” for 30 days after dismissal) is that the time period stopped running due to the federal suit but recommences running from the point stopped upon dismissal of the federal suit with attached pendent state claims.
Banco de losTrabajadores v. Moreno, Case No. 3D17-730 (Fla. 3d DCA 2018).
The connexity requirement of Florida’s long-arm statute section 48.193(1)(a) (a cause of action must arisefrom an enumerated act and thatenumerated act must occur in Florida)is not satisfied when the only tort relied upon to confer jurisdiction is civilconspiracy to commit a tort, and no element of the underlying tort is alleged tohave occurred in Florida.
Goldman v. Lustig, Case No. 4D16-1933 (Fla. 4th DCA 2018).
A party that has the right to use a dock attached to an adjoining party’s land is not entitled to an easement of necessity across the neighbor’s land to access the dock; the party seeking to use the dock must build a separate access dock or access the dock from the water.
DFG Group v. Heritage Manor of Memorial Park, Inc., Case No. 4D16-2972 (Fla. 4th DCA 2018).
A party that affirms a contract upon prevailing on a tort claim arising out of a contract is entitled to the profit plaintiff would have earned had the agreement been performed but not for the cost of preparing to perform.
Longo v. Associated Limousine Services, Inc., Case No. 4D17-516 (Fla. 4th DCA 2018).
A plaintiff seeking Florida Statute section 56.29 proceedings supplementary against a third party based on alter ego need not describe the property of the third party sought to be executed (as required by the text of section 56.29(2)),but instead maysimply state the third party is the alter ego of the defendant.
Penton Business Media Holdings, LLC v. Orange County, Florida,Case No. 5D16-3935 (Fla. 5th DCA 2018).
The Doctrine of Avoidable Consequences is not a duty to mitigate, and holds that a plaintiff is responsible only for damages it could have avoided using “ordinary and reasonable care.”